Negligent homicide
Encyclopedia
Negligent homicide is a criminal charge brought against people who, through criminal negligence
, allow others to die.
Negligent Homicide is a lesser included offense
to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with imprisonment time comparable to manslaughter
. U.S. state
s all define negligent homicide by statute
. In some, the offense includes the killing of another while driving under the influence
of drugs or alcohol. Examples of such cases include the crash of Aeroperu
Flight 603
near Lima, Peru. The accident was caused by a piece of duct tape that was accidentally left over the static ports (on the bottom side of the fuselage) after cleaning the aircraft, which led to the crash. Employee Eleuterio Chacaliaza left the tape on by accident and was charged with negligent homicide.
Criminal negligence
In the criminal law, criminal negligence is one of the three general classes of mens rea element required to constitute a conventional as opposed to strict liability offense. It is defined as an act that is:-Concept:...
, allow others to die.
Negligent Homicide is a lesser included offense
Lesser included offense
A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime....
to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with imprisonment time comparable to manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s all define negligent homicide by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
. In some, the offense includes the killing of another while driving under the influence
Driving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...
of drugs or alcohol. Examples of such cases include the crash of Aeroperu
Aeroperu
Aeroperú was the former national flag carrier of Peru, and from 1993 to 2000 was a subsidiary of AeroMéxico. Its headquarters were in Miraflores, Lima. It went bankrupt in 1999...
Flight 603
AeroPeru Flight 603
Aeroperú Flight 603 was a scheduled flight from Jorge Chávez International Airport in Lima, Peru , to Comodoro Arturo Merino Benítez International Airport in Santiago, Chile , which crashed on October 2, 1996....
near Lima, Peru. The accident was caused by a piece of duct tape that was accidentally left over the static ports (on the bottom side of the fuselage) after cleaning the aircraft, which led to the crash. Employee Eleuterio Chacaliaza left the tape on by accident and was charged with negligent homicide.
See also
- Criminally negligent manslaughter, which has various titles in different countries